A law preventing veterans in legal, same-sex marriages from receiving spousal benefits will no longer be upheld by the Department of Justice, Attorney General Eric Holder announced recently.

Title 38 of the United States Code defines "spouse" as a person of the opposite sex. The Department of Veterans Affairs had used this definition when qualifying or disqualifying applicants for spousal veterans benefits. In a February 17 letter to Congress, Holder said there is no justification for the statute.

“The legislative record of these provisions contains no rationale for providing veterans' benefits to opposite-sex couples of veterans but not to legally married same-sex spouses of veterans," Holder wrote. "Neither the Department of Defense nor the Department of Veterans Affairs identified any justifications for that distinction that would warrant treating these provisions differently from Section 3 of [The Defense of Marriage Act].” 

Section 3 of the Defense of Marriage Act denies federal recognition for same-sex couples. In February 2011, the DOJ announced it would stop defending DOMA. The Southern Poverty Law Center has filed a lawsuit challenging both DOMA and Title 38. 

The move marks continued advancement for gay and lesbian servicemembers. On September 20, President Barack Obama ended the "Don't Ask, Don't Tell" policy, which prevented gays from serving openly in the armed forces.

---

Read More VA News